Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Sears v. Upton

Docket No. Argument Opinion Vote Author Term
09-8854 Not Argued Jun 29, 2010 5-4 Per Curiam OT 2009

Issue: Without oral argument, the Court decided that a state court failed to adequately assess the a capital defendant’s claim of ineffective assistance of counsel arising from his lawyer’s failure to investigate the defendant’s history of mental impairments.

Judgment: Vacated and remanded in a per curiam opinion on June 29, 2010. Justice Scalia filed a dissenting opinion, joined by Justice Thomas. Chief Justice Roberts and Justice Alito would have denied the petition.

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